A car accident does not always cause an entirely new injury. Sometimes, a collision makes an existing medical condition worse. A person with prior back pain may experience more severe symptoms after a crash, or an old shoulder injury that had become manageable may once again require medical treatment.
Having a preexisting condition does not automatically prevent you from pursuing compensation. However, these cases can become more complicated because the insurance company may argue that your pain and limitations existed before the collision.
What Is a Preexisting Injury?
A preexisting injury is a medical condition that existed before the car accident. It could involve a previous injury, chronic illness, degenerative condition, or earlier surgery.
Common examples include:
- Herniated or bulging discs
- Arthritis
- Chronic back or neck pain
- Previous fractures
- Joint injuries
- Prior concussions
- Shoulder or knee problems
- Degenerative disc disease
- Earlier surgical procedures
A condition does not need to have been causing serious symptoms immediately before the accident to be considered preexisting. Even an old injury that had improved or become manageable may be relevant to the claim.
Can You Recover Compensation for an Aggravated Injury?
You may be able to recover compensation when another driver’s negligence aggravates a preexisting condition. The responsible party is generally not required to compensate you for the medical condition as it existed before the crash. However, that party may be responsible for the additional harm caused by the collision.
Illinois civil jury instructions recognize that a person’s right to damages resulting from an occurrence should not be denied merely because an injury aggravated a preexisting condition or because an existing condition made the person more susceptible to injury. The evidence must still connect the increased symptoms or limitations to the accident.
The central question is often: How did the person’s health and daily life change after the collision?
How Do You Show That the Accident Made Your Condition Worse?
Medical evidence is especially important in a claim involving a preexisting injury. Your medical records can help establish your condition before the crash and demonstrate how it changed afterward.
Useful evidence may include:
- Medical records from before and after the collision
- Diagnostic imaging
- Notes from treating physicians
- Physical therapy records
- Prescription history
- Testimony from medical professionals
- Documentation of new symptoms
- Work restrictions
- Records of additional treatment or surgery
For example, medical records may show that a person experienced occasional back discomfort before an accident but did not require regular treatment or have significant work restrictions. If the collision resulted in persistent pain, additional imaging, physical therapy, injections, or an inability to perform normal job duties, that difference may help demonstrate an aggravation.
Why You Should Disclose Previous Injuries
Some accident victims are hesitant to discuss their medical history because they are concerned it will harm their claims. Hiding a prior injury, however, can create a much larger problem.
Insurance companies may obtain earlier medical records and compare them with the information provided after the accident. If an undisclosed condition is discovered, the insurer may question the injured person’s credibility and use the omission to challenge the entire claim.
Be honest with your doctors and attorney about:
- Previous accidents
- Earlier injuries to the same part of the body
- Prior surgeries
- Chronic conditions
- Treatment received before the collision
- Symptoms you were experiencing before the accident
An accurate medical history allows your healthcare providers to evaluate what changed and helps your attorney prepare for the arguments the insurance company is likely to make.
How Insurance Companies May Challenge the Claim
An insurance company may claim that the accident did not cause the symptoms or that the injured person would have required treatment regardless of the collision.
The insurer may examine:
- How recently you received treatment before the crash
- Whether you reported similar symptoms in the past
- Whether imaging shows degenerative changes
- How quickly you sought care after the accident
- Whether there were gaps in treatment
- Whether your reported symptoms changed over time
- Whether your doctors connected the worsened condition to the crash
A prior injury gives the insurance company another issue to investigate, but it does not establish that the accident caused no additional harm.
What Compensation May Be Available?
The compensation available depends on the extent to which the accident worsened the condition and how that aggravation affected your life.
A claim may seek compensation for qualifying losses such as:
- Additional medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Disability
- Loss of a normal life
The goal is not to make the responsible party pay for an unrelated condition that existed before the accident. It is to account for the increased pain, treatment, expense, and limitations attributable to the collision.
What Should You Do After the Accident?
If a collision has made an existing condition worse, take the following steps:
Seek medical attention
Tell your medical provider about both the preexisting condition and the changes you noticed after the accident. Explain whether the pain became more severe, more frequent, or began affecting activities that were previously manageable.
Follow the treatment plan
Attend appointments, complete recommended therapy, and follow medical restrictions. Significant gaps in care may make it more difficult to establish the progression of your symptoms.
Document how your condition changed
Keep notes about pain levels, limitations, missed work, sleep disruption, and activities you can no longer perform. This information can help illustrate the difference between your condition before and after the accident.
Avoid giving a recorded statement without legal advice
An insurance adjuster may ask questions designed to compare your present complaints with previous injuries. Consider speaking with an attorney before giving a recorded statement or signing a broad medical authorization.
Preserve your medical records
Records from both before and after the crash may be important. They can establish a baseline and show whether the accident caused measurable changes in your condition.
Speak With a Personal Injury Lawyer About an Aggravated Injury
A preexisting medical condition should not be used to excuse the additional harm caused by a negligent driver. However, proving that a collision aggravated an earlier injury often requires careful medical documentation and a clear comparison of your condition before and after the accident.
If an insurance company is blaming your symptoms entirely on a prior condition, a personal injury lawyer can review the medical evidence, communicate with the insurer, and help determine what compensation may be available.
Contact Kujawski & Associates to speak with a personal injury lawyer in St. Clair County about your accident and your legal options.
